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(영문) 울산지방법원 2015.08.25 2015고정867
이자제한법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall exceed 30% of the maximum interest rate under the contract for lending and borrowing of money.

Nevertheless,

1. Around September 26, 2013, the Defendant borrowed KRW 3 million from “Crogate” located in Ulsan-gu, Ulsan-gu, to D and received KRW 10,000 per annum (interest rate of KRW 365% per annum) from D, and from that place, the Defendant borrowed KRW 2,70,000,000,000 from the account transfer, excluding KRW 300,000,000,000,000 from D to the Defendant’s agricultural bank head around October 6, 2013, and received KRW 30,000,000 from D to the Defendant’s agricultural bank head via account transfer and received KRW 30,000,000,000 as the statutory interest rate exceeding the statutory maximum interest rate.

2. On October 7, 2013, the Defendant: (a) called D’s cell phone call from D to the Defendant; (b) received KRW 10,000 from 10 to 3,00,000 (interest rate of KRW 3.65% per annum) on the 10th day of the defect; (c) offered KRW 2,80,000 from the Defendant’s name; and (d) lent KRW 2,80,000 by account transfer from the head of the agricultural cooperative in the name of the Defendant’s name to the head of the agricultural cooperative in the name of D; and (e) received KRW 3,10,000,000,000 including interest rate of KRW 1,000 from D to the Defendant’s agricultural cooperative head of the agricultural cooperative in the name of the head of the agricultural cooperative in the name of the Defendant around the 17th day of the 2013.

3. On October 16, 2013, the Defendant: (a) called D’s cell phone call from D to the Defendant to borrow KRW 3 million; (b) borrowed KRW 10,000 from 10 to 3,000,000 from 3,000 won by account transfer from the head of the agricultural cooperative under the name of the Defendant agricultural cooperative; (c) around October 28, 2013, the Defendant received KRW 3,30,000,000,000 from D to the head of the agricultural cooperative under the name of the Defendant agricultural cooperative; and (d) received 3,300,000,000 won from 3,000,000 won including interest from D’s head of the agricultural cooperative under the name of the Defendant as 3,00,000 won per annum as 10 days, and received interest exceeding the statutory maximum interest rate.

4...

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